Re: Pacemaker boxcar usage off-line of NYC - NYCSHS

Kurt Laughlin <fleeta@...>

That's true: There's no legal limitation on signing a ridiculous contract.

I wonder why these "cash cow" farmers don't realize that things aren't worth what you think they are, rather only what someone is willing to pay for them. They don't seem to be making much money sitting in a file cabinet.


----- Original Message -----
From: Bruce Smith
To: STMFC@...
Sent: Sunday, March 20, 2011 2:16 PM
Subject: Re: [STMFC] Re: Pacemaker boxcar usage off-line of NYC - NYCSHS


I would remind you that if you do not control the copyright on
something, then the way to "control" it is by restricting access. Thus,
if the NYCHS decides that they wish to control access to a drawing that
they own, but for which they do not hold the copyright, they are well
within their rights to require that anyone aquiring copies from them
sign an agreement that requires the purchaser to do whatever NYCHS
dictates in order to gain access, including paying royalties on
subsequent models. The requirements detailed by Denis indicate that
someone or a group at the NYCSHS think that somehow the NYCSHS'
resources are a "cash cow" that should be milked.

OTOH, the PRRT&HS and the PRRT&HS Modeling Committee strive to assist
manufacturers to identify exactly those drawings that might be needed
for a given project and the PRRT&HS even offers a manufacturers
membership which provides discounted rates on access to drawings in the
society's collection. No royalty agreements are asked for and no
royalties are paid. Although the PRRT&HS does not request them, model
are sometimes provided by manufacturers to the PRRT&HS which then
raffles them at the annual meeting.

This is not a "red team" versus "green team" thing, as the PRRT&HS was
in the same situation as the NYCSHS 15-20 years ago, when modelers felt
decidedly unwelcome by the "powers that be". However, some members,
mostly younger modelers, stuck it out and gradually changed the focus of
the PRRT&HS to included modelers (in addition to employees and
historians) and the society is definitely the better for it. Hopefully
the NYCSHS can continue to make progress in a similar direction.

Bruce Smith
Auburn, AL

>>> "Kurt Laughlin" <fleeta@...> 03/19/11 9:17 PM >>>
It's more a matter of what "they" are missisng: an understanding of
intelectual property laws, particularly with regard to copyrights. Not
uncommon, unfortunately. In the military vehicle world there are
libraries claiming copyright to photographs that have the US Army Signal

Corps emblem in the corner!

(Government photographs are "born" in the public domain. It's not that
Government claims copyright and lets us use it free, it's that they are
protectable at all.)


----- Original Message -----
From: pullmanboss

I work with the Newberry Library and am very familiar with their fee
structure and terms of use. I have redrawn a multitude of floor plan,
underneath equipment and side elevation drawings from Pullman originals
the Newberry files and am not in violation of the Newberry's terms of
when those (re)drawings show up in kit instructions. What am I missing
it comes to the NYCHS?


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